[Federal Register Volume 77, Number 138 (Wednesday, July 18, 2012)]
[Notices]
[Pages 42329-42332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17437]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement


Notice of Intent To Initiate Public Scoping and Prepare an 
Environmental Impact Statement for the Four Corners Power Plant and 
Navajo Mine Energy Project

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Notice of Intent to initiate public scoping and prepare an 
Environmental Impact Statement.

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SUMMARY: In accordance with the National Environmental Policy Act of 
1969 (NEPA), 42 U.S.C. 4231-4347; the Council on Environmental 
Quality's (CEQ) regulations for implementing NEPA, 40 CFR Parts 1500 
through 1508; and the Department of the Interior's (DOI) NEPA 
regulations, 43 CFR Part 46, the Office of Surface Mining Reclamation 
and Enforcement (OSM), Western Region (WR), Denver, Colorado, intends 
to prepare an Environmental Impact Statement (EIS). The EIS will 
analyze the impacts for several related actions. It will analyze 
impacts for the BHP Navajo Coal Company (BNCC) Proposed Pinabete Permit 
and for the Navajo Mine Permit Renewal, both of which are located on 
the Navajo Reservation in San Juan County, New Mexico. The EIS will 
also analyze the impacts for the Arizona Public Service Company (APS) 
Proposed Four Corners Power Plant (FCPP) lease amendment, located on 
the Navajo Reservation in San Juan County, New Mexico, and associated 
transmission line rights-of-way renewals for lines located on the 
Navajo and Hopi Reservations in San Juan County, New Mexico and Navajo, 
Coconino and Apache Counties in Arizona. The EIS will also analyze 
impacts for the Public Service Company of New Mexico (PNM) transmission 
line rights-of-way renewal associated with the FCPP and located on the 
Navajo Reservation in New Mexico. This Notice refers to these proposals 
collectively as the ``Project.'' OSM is requesting public comments on 
the scope of the EIS and significant issues that should be addressed in 
the EIS.

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DATES: This notice initiates the public scoping process. To ensure 
consideration in developing the draft EIS, we must receive your 
electronic or written comments by the close of the scoping period on 
September 17, 2012. At the scoping meetings, the public is invited to 
submit comments and resource information, and identify issues or 
concerns to be considered in NEPA compliance process.
    We will host public scoping meetings where you may submit written 
and oral comments. These open house public scoping meetings will be 
held at the following locations:
     Hotevilla, Arizona, on Thursday, August 9, 2012, from 3:00 
p.m. to 7:00 p.m. at the Hotevilla Village.
     Cortez, Colorado, on Friday, August 10, 2012, from 5:00 
p.m. to 9:00 p.m. at the Montezuma-Cortez High School.
     Burnham, New Mexico, on Saturday, August 11, 2012, from 
9:00 a.m. to 1:00 p.m. at the Burnham Chapter House, Navajo Indian 
Reservation.
     Nenahnezad, New Mexico, on Monday, August 13, 2012, from 
5:00 p.m. to 9:00 p.m. at the Nenahnezad Chapter House, Navajo Indian 
Reservation.
     Farmington, New Mexico, on Tuesday, August 14, 2012, from 
5:00 p.m. to 9:00 p.m. at the Farmington Civic Center.
     Shiprock, New Mexico, on Wednesday, August 15, 2012, from 
5:00 p.m. to 9:00 p.m. at the Shiprock High School.
     Durango, Colorado, on Thursday, August 16, 2012, from 4:00 
p.m. to 8:00 p.m. at the Durango Public Library.
     Window Rock, Arizona, on Friday, August 17, 2012, from 
5:00 p.m. to 9:00 p.m. at the Navajo Nation Museum.
     Albuquerque, New Mexico, on Saturday, August 18, 2012, 
from 11:00 a.m. to 3:00 p.m. at the Indian Pueblo Cultural Center.
    Times, dates, and specific locations for these meetings will also 
be announced through the OSM WR Web site http://www.wrcc.osmre.gov/FCPPEIS.shtm, press releases, local newspapers, radio announcements and 
other media, at least 15 days prior to each event.
    Hopi and Navajo interpreters will be present at meetings on the 
Hopi and Navajo Reservations.
    If you require reasonable accommodations to attend one of the 
meetings, contact the person listed under FOR FURTHER INFORMATION 
CONTACT at least one week before the meeting.

ADDRESSES: Comments may be submitted in writing or by email. At the top 
of your letter or in the subject line of your email message, please 
indicate that the comments are ``Four Corners-Navajo Mine EIS 
Comments.''
     Email comments should be sent to: 
[email protected].
     Mail/Hand-Delivery/Courier: Written comments should be 
sent to: Marcelo Calle, OSM Western Region, 1999 Broadway, Suite 3320, 
Denver, Colorado 80202-3050.

FOR FURTHER INFORMATION CONTACT: For further information about the 
Project and/or to have your name added to the mailing list, contact: 
Marcelo Calle, OSM Project Coordinator, at 303-293-5035. Persons who 
use a telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above 
individual during normal business hours. The FIRS is available 24 hours 
a day, 7 days a week, to leave a message or question with the above 
individual. You will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION:

I. Background on the Project
II. Background on the Four Corners Power Plant
III. Application for the Pinabete Mine Permit and the Navajo Mine 
Permit Renewal
IV. Alternatives and Related Impacts Under Consideration
V. Public Comment Procedures

I. Background on the Project

    The purpose of the Project is to facilitate ongoing operations at 
the FCPP, and on BNCC's Navajo Mine Lease to provide for long-term, 
reliable, continuous, and uninterrupted base load electrical power to 
customers in the southwestern U.S., using a reliable and readily 
available fuel source. The Project proposes to accomplish this while 
complying with tribal trust responsibilities, both to support economic 
opportunities on Navajo Nation and Hopi tribal trust lands, and to help 
provide for economic development of the Navajo Nation and Hopi Tribe 
through lease and right-of-way revenues, royalties, tribal taxes and 
jobs. The EIS will address the direct, indirect, and cumulative impacts 
of these actions at the FCPP, the proposed Pinabete Permit area, and 
the existing Navajo Mine Permit area, including any connected Federal 
actions relating to operations on the Navajo Mine Lease and at FCPP.
    At this time the Navajo Nation, Bureau of Indian Affairs (BIA), 
Bureau of Land Management (BLM), U.S. Environmental Protection Agency 
(USEPA), U.S. Fish and Wildlife Service (USFWS), National Park Service 
(NPS), and U.S. Army Corps of Engineers (USACE) will cooperate with OSM 
in the preparation of the EIS. The USACE will use this public scoping 
as part of the Clean Water Act (CWA) Section 404, 33 U.S.C. 1344, 
permitting public noticing process. The USACE will have material 
available on the proposed impacts to waters of the United States, and 
will accept comments during the meetings described below. This scoping 
process is intended to fulfill the USACEs' public meeting or hearing 
requirement for the proposed action.
    OSM will conduct compliance with Section 106 of the National 
Historic Preservation Act (16 U.S.C. 470f) (NHPA Section 106) as 
provided for in 36 CFR 800.2(d)(3) concurrently with the NEPA process, 
including public involvement requirements and consultation with the 
State Historic Preservation Officer and Tribal Historic Preservation 
Officer. Native American tribal consultations will be conducted in 
accordance with applicable laws, regulations, and Department of 
Interior policy, and tribal concerns will be given due consideration, 
including impacts on Indian trust assets. Federal, tribal, state, and 
local agencies, along with other stakeholders that may be interested in 
or affected by the Federal agencies' decisions on the Project, are 
invited to participate in the scoping process and, if eligible, may 
request or be requested by OSM to participate as a cooperating agency.
    Interested persons may view information about the proposed Project 
on our Web site at http://www.wrcc.osmre.gov/FCPPEIS.shtm;. The Web 
site contains information related to the comment period during which 
persons may submit comments, and the locations, dates, and times of 
public scoping meetings.
    As part of its consideration of impacts of the proposed Project on 
threatened and endangered species, OSM will conduct formal consultation 
with the USFWS pursuant to Section 7 of the Endangered Species Act 
(ESA), 16 U.S.C. 1536, and its implementing regulations, 50 CFR Part 
400. Formal consultation will consider direct and indirect impacts from 
the proposed Project, including operation of the FCPP, continuing 
operation and maintenance of existing transmission lines and ancillary 
facilities, and all mining and related operations within the Navajo 
Mine Lease.
    In addition to compliance with NEPA, NHPA Section 106, and ESA 
Section 7, all Federal actions will be in compliance with applicable 
requirements of the Indian Business Site

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Leasing Act, 25 U.S.C. 415; the General Right-of-Way Act of 1948, 25 
U.S.C. 323-328; the Surface Mining Control and Reclamation Act of 1977 
(SMCRA), 30 U.S.C. 1201-1328; the CWA, 33 U.S.C. 1251-1387; the Clean 
Air Act, 42 U.S.C. 7401-7671q; the Native American Graves Protection 
and Repatriation Act, 25 U.S.C. 3001-3013; and Executive Orders 
relating to Environmental Justice, Sacred Sites, and Tribal 
Consultation, and other applicable laws and regulations.

II. Background on the Four Corners Power Plant

    The FCPP, located on tribal trust lands in the New Mexico portion 
of the Navajo Reservation, is a coal-fired electric generating station, 
which currently includes five units generating approximately 2,100 
megawatts, and provides power to more than 500,000 customers. Nearly 80 
percent of the employees at the plant are Native American. APS operates 
the FCPP, and recently executed a lease amendment (Lease Amendment No. 
3) with the Navajo Nation to extend the term of the lease for the FCPP 
an additional 25 years, to 2041. Continued operation of the FCPP is 
expected to require several Federal actions, including:
     Approval from BIA of Lease Amendment No. 3 for the FCPP 
plant site, pursuant to 25 U.S.C. 415. Lease Amendment No. 3 has been 
signed by the Navajo Nation after Navajo Nation Council approval.
     Issuance by BIA of renewed rights-of-way, pursuant to 25 
U.S.C. 323, for the FCPP plant site and its switchyard and ancillary 
facilities; for a 500 kilovolt (kV) transmission line and two 345 kV 
transmission lines; and for ancillary transmission line facilities, 
including the Moenkopi Switchyard, an associated 12 kV line, and an 
access road; (collectively the ``Existing Facilities''). The Existing 
Facilities are located on the Navajo Reservation, except for the 500 kV 
transmission line which crosses both Navajo and Hopi tribal lands. The 
Existing Facilities are already in place and would continue to be 
maintained and operated as part of the proposed action. No upgrades to 
the transmission lines or ancillary transmission line facilities are 
planned as part of the proposed Project.
     Issuance by the BIA of renewed rights-of-way to PNM for 
the existing 345 kV transmission facilities. The transmission 
facilities are already in place, and will continue to be maintained and 
operated as part of the proposed action. No upgrades to these 
transmission lines are planned as part of the proposed Project.
    The desired future operation of the FCPP plant site involves 
removing Units 1, 2, and 3 from service on or before 2014, installing 
pollution control upgrades on Units 4 and 5, and continued operation of 
the independent switch yard and transmission lines. This scenario would 
substantially reduce coal consumption and air emissions, and lower the 
power output of the plant to approximately 1,500 megawatts. The ash 
disposal area would expand in future years within the current FCPP 
lease boundary. There is no proposed change to the exterior boundary of 
the FCPP site, the switch yard, or any of the transmission lines and 
ancillary facilities as part of the proposed actions.

III. Application for the Pinabete Mine Permit and the Navajo Mine 
Permit Renewal

    Concurrent with the proposed FCPP lease amendment approval and 
renewed rights-of-way grant actions, BNCC proposes to develop a new 
approximately 5,600-acre permit area, called the Pinabete Permit. This 
proposed permit area lies within the boundaries of BNCC's existing 
Navajo Mine Lease, which is located adjacent to the FCPP on tribal 
trust lands on the Navajo Reservation. BNCC proposes to conduct mining 
operations on an approximately 3,100-acre portion of the proposed 
Pinabete Permit area. The proposed Pinabete Permit area would, in 
conjunction with the mining of any reserves remaining within the 
existing Navajo Mine Permit area (Federal SMCRA Permit NM0003F), supply 
low-sulfur coal to the FCPP at a rate of approximately 5.8 million tons 
per year. Development of the Pinabete Permit area and associated coal 
reserves would use surface mining methods and, based on current 
projected customer needs, would supply coal to FCPP for up to 25 years 
beginning in 2016. The proposed Pinabete Permit area would include 
previously permitted but undeveloped coal reserves within Area IV North 
of the Navajo Mine Lease, and unpermitted and undeveloped coal reserves 
in a portion of Area IV South of the existing Navajo Mine Lease. 
Approval of the proposed Pinabete Permit is expected to require several 
Federal actions, including:
     Approval by OSM of the new SMCRA permit.
     Approval by the BLM of a revised Mine Plan developed for 
the proposed maximum economic recovery of coal reserves.
     Approval of a Section 404 Individual Permit by the USACE 
for the impacts to waters of the United States from proposed mining 
activities.
     Approval of a Section 402 National Pollutant Discharge 
Elimination System (NPDES) permit or permit revision by the EPA.
     Approval by the BIA of a proposed realignment for 
approximately 2.8 miles of BIA 3005/Navajo Road N-5082 (Burnham Road) 
in Area IV South to avoid proposed mining areas.
     Approval or grant of permits or rights-of-way for access 
and haul roads, power supply for operations, and related facilities by 
the BIA.
    In addition, OSM expects BNCC to submit a renewal application in 
2014 for its existing Navajo Mine SMCRA Permit No. NM00003F. The EIS 
will therefore also address alternatives and direct, indirect, and 
cumulative impacts of the 2014 renewal application action.

IV. Alternatives and Related Impacts Under Consideration

    The proposed actions will be considered in a single EIS that will 
address alternatives and direct, indirect, and cumulative impacts of 
the Project.
    Alternatives for the Project that are under consideration include:
    (a) The proposed actions described above;
    (b) A no action alternative, which would result in the expiration 
of the FCPP lease and associated rights-of-way, but would not result in 
the expiration of BNCC's Navajo Mine Lease; and
    (c) Any environmentally preferable alternatives that may be 
identified in accordance with 40 CFR Part 1500 and 43 CFR Part 46.
    The purpose of the public scoping process is to determine relevant 
issues that could influence the scope of the environmental analysis, 
including alternatives, and guide the process for developing the EIS 
and related compliance efforts. The final range of reasonable 
alternatives to be considered will be determined based in part on the 
comments received during the scoping process.
    At present, OSM has identified the following preliminary issues and 
potential impacts:
     Threatened and endangered species, including the Razorback 
sucker (Xyrauchen texanus), Colorado pikeminnow (Ptychochelius Lucius), 
and Southwestern Willow Flycatcher (Empidonax traillii extimus);
     Air quality and climate change;
     Surface and ground water quality;
     Environmental Justice considerations;
     Cultural and historic resources;
     Biological resources;
     Visual resources;
     Public Health;
     Socioeconomics; and

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     Noise and vibration.

V. Public Comment Procedures

    In accordance with the CEQ's regulations for implementing NEPA and 
the DOI's NEPA regulations, OSM solicits public comments on the scope 
of the EIS and significant issues that it should address in the EIS.
    Written comments, including email comments, should be sent to OSM 
at the addresses given in the ADDRESSES section of this notice. 
Comments should be specific and pertain only to the issues relating to 
the proposals. OSM will include all comments in the administrative 
record.
    If you would like to be placed on the mailing list to receive 
future information, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT, above.
    Hopi and Navajo interpreters will be present at meetings on the 
Hopi and Navajo Reservations.
    If you require reasonable accommodation to attend one of the 
meetings, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT at least one week before the meeting.

Availability of Comments

    OSM will make comments, including name of respondent, address, 
phone number, email address, or other personal identifying information, 
available for public review during normal business hours. Comments 
submitted anonymously will be accepted and considered; however, those 
who submit anonymous comments may not have standing to appeal the 
subsequent decision.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--will be publicly available. While you can ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so.
    All submissions from organizations or businesses and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses will be available for public review to the 
extent consistent with applicable law.

    Dated: June 8, 2012.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. 2012-17437 Filed 7-17-12; 8:45 am]
BILLING CODE 4310-05-P